Stellino – Probate

The Settlement specifically gives Respondents the power to create Ruby’s trust and does not include any requirement that a HEMS provision be included or that any spendthrift or other similar provision not be included. As stated above, the court can only enforce the terms of the Settlement. The motion asks the court to create terms beyond those set forth in the Settlement. Accordingly, the motion is DENIED.

Respondents’ opposition asks the court to award attorneys’ fees of $2,700 to Respondents pursuant to the attorneys’ fees provision in the Settlement. (ROA 74, § C (10).) The provision states the prevailing party on any dispute between the parties regarding the Settlement “shall be entitled” to the reasonable costs and expenses incurred. The court GRANTS Respondents’ request for attorneys’ fees in the amount of $2,000.

Respondents are directed to give notice.

4 Stellino – Probate;

Motion to Set Aside

Administrator Nicholas A. Stellino’s Motion to Set Aside Order, etc. (ROA 132) is GRANTED in part and DENIED in part as set forth below.

By his motion, Administrator asks the court to set aside its August 12, 2022 order approving the first and final account as supplemented and issue an amended order. The court denies the request to set aside the initial order but grants the request to amend the order to include: (1) the other names by which Decedent Antonio Francis Stellino was known; and (2) the legal description of the real property located and improvements located at 2210 Clark Lane, Redondo Beach, California 90278.

Administrator is directed to submit a proposed order making the above-referenced changes for the court’s review and signature no later than August 26, 2026. Administrator is directed to give notice.